CO · jury_instructions
COLJI-Crim. H:60
OFFENSES RELATING TO FIREARMS AND WEAPONS—PEACE OFFICERS
The evidence presented in this case has raised the affirmative defense
of “peace officer,” as a defense to [insert name of Article 12 offense(s)].
The defendant’s conduct was legally authorized if:
1. he [she] was a peace officer, and
2. he [she] was acting in the lawful discharge of his [her] duties.
The prosecution has the burden to prove, beyond a reasonable doubt,
that the defendant’s conduct was not legally authorized by this defense. In
order to meet this burden of proof, the prosecution must disprove, beyond
a reasonable doubt, at least one of the above numbered conditions.
After considering all the evidence, if you decide the prosecution has
failed to meet this burden of proof, then the prosecution has failed to prove
the defendant’s conduct was not legally authorized by this defense, which
is an essential element of [insert name of Article 12 offense(s)]. In that
event, you must return a verdict of not guilty of [insert name of Article 12
offense(s)].
After considering all the evidence, if you decide the prosecution has
met this burden of proof, then the prosecution has proved the defendant’s
conduct was not legally authorized by this defense. In that event, your
verdict concerning the charge of [insert name of Article 12 offense(s)] must
depend upon your determination whether the prosecution has met its
burden of proof with respect to the remaining elements of [that] [those]
offense[s].
History
COLJI-Crim. (2025), Colorado Supreme Court Model Criminal Jury Instructions Committee. The committee's page: "The 2025 edition was published online on February 25, 2026." © 2025 Supreme Court of Colorado for the State of Colorado.
Provenance
- Source
- www.coloradojudicial.gov
- Retrieved
- 2026-09-24
- Edition
- crim-2026-02-25
- Content hash
db8fb8c9a2348a5d536b32249b1dadf3919f9b2640135668e0a27ca186670036
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